GLEN ELLYN – A DuPage County judge has denied motions by the village of Glen Ellyn and True North Energy LLC to dismiss a lawsuit filed by a group seeking to stop a gas station from being built at the southeast corner of St. Charles Road and Main Street in Glen Ellyn.
On Dec. 11, DuPage County Judge Bonnie Wheaton denied motions to dismiss the lawsuit filed in May by the nonprofit group Protect Glen Ellyn Inc. True North and the village have until Jan. 8 to answer the group's second amended complaint. The next court hearing on the case is set for Jan. 25.
"We are pleased that the court denied the village and True North's motions to dismiss this case," Protect Glen Ellyn President Megan Clifford said in an email. "There is no greater priority than protecting the health, safety, and well-being of the Village residents, especially the kids in the community. We look forward to having the case decided on the merits, and we thank the community for their continuing support."
The lawsuit asks for a court to declare the group's "procedural and substantive due process rights have been violated" and the project and special-use application does not comply with the village's zoning ordinances. The group also wants a court to determine the project violates the village's own planning principles and to reverse the special-use permit given to True North.
During public hearings on the project, residents who live near the site voiced concerns the gas station would create flooding problems and release fumes, emissions and gas runoff into the surrounding neighborhood. They also voiced concerns about the station's proximity to Forest Glen Elementary School.
In response to concerns raised by residents, along with village staff and the village's Architectural Review and Plan commissions, True North revised its plans, agreeing to more than 30 conditions.
Despite continued opposition from residents, Glen Ellyn trustees and former Village President Alex Demos on May 1 voted 5-2 to finalize the sale of land at 825 N. Main St. for the gas station and convenience store.
Trustees previously voted April 25 to approve variations from the village's code to allow for the gas station – which would be able to accommodate as many as 12 vehicles at a time – and 4,200-square-foot convenience store. On March 13, they also approved a special-use permit and sign code variations for the project.
The Village Board in February 2016 voted to sell the 1.35-acre property to True North for $630,000 for the development of the gas station and convenience store.
The village purchased the land for $590,000 in September 2010 and invested $90,000 in remediation, demolition and restoration efforts over six years. Previously, a dilapidated gas station had been on the property.